DIA recovered losses from ex-managers of Novokuznetsk municipal bank

With the ex-chairman of the board of Novokuznetsk municipal bank Alexander Pavlov and his father, co-owner of the credit organization Sergei Pavlov, the court recovered damages of 3.3 billion rubles. In a separate production, the requirements for Alexander Pavlov for 895 million rubles. - it is suspended until the sentencing of the criminal case against Mr. Pavlov, who is accused of abuse of power and embezzlement on an especially large scale. Experts believe that it is possible to collect the required amount from Alexander Pavlov, even though he is kept in the SIZO, but the process can be delayed.

The Arbitration Court of the Kemerovo Region partially satisfied the application of the bankruptcy administrator of the Novokuznetsk Municipal Bank (NBM) - the Deposit Insurance Agency (DIA) and recovered from the ex-chairman of the board of the National Bank of Moldova Alexander Pavlov and his father, the co-owner of the National Bank of Moldova (through Novokuznetsk CJSC Construction Company Yuzhkuzbasstroy » ) Sergei Pavlov in solidarity in favor of NMP 3.3 billion rubles. In a separate production, the DIA demanded to recover from Alexander Pavlov damages in the amount of 895 million rubles. But it was suspended until the entry into force of the judicial act in the criminal case against him, according to court materials.

The Novokuznetsk Municipal Bank was established in 1994. In terms of assets, it was ranked 210th in Russia, it was the largest of local banks in the Kemerovo region. The NBM had more than 120 thousand depositors with deposits of 10.4 billion rubles. On January 9, 2014, the Central Bank revoked the license from the National Bank of Moldova, a month later, the bank was declared bankrupt, and bankruptcy proceedings were opened against it. The functions of the bankruptcy commissioner were assigned to the DIA. Consideration of the claim of the agency for compensation of losses by the former heads of the bank began in May 2017. Initial claims of the DIA to Messrs. Pavlov amounted to 4.52 billion rubles.

In relation to Alexander Pavlov in December 2016 a criminal case was opened. He is charged with abuse of authority, which resulted in grave consequences (Part 2 of Article 201 of the Criminal Code of the Russian Federation), and embezzlement of entrusted property (1,125 billion rubles - funds of VIP clients of the National Bank of Moldova) in a particularly large amount (Part 4, Article 160 of the Criminal Code of the Russian Federation). The defendant is held in Novokuznetsk prison.

Eugene Korchago, member of the Council for Interaction with Civil Society Institutions under the Federation Council, calls the involvement in the Russian practice of bankruptcy of credit institutions in the secondary responsibility of their supervisory persons - managers who, with their decisions, contributed to the onset of bankruptcy.

However, the question is whether these individuals will be found assets that can be levied. Such assets are often issued in advance in order to avoid this penalty. But these deals can be challenged, "Mr. Korchago told Kommersant.

He believes that the bank's exit from the bankruptcy procedure is possible in two cases: reorganization and satisfaction of creditors' claims (or the conclusion of a settlement agreement with them). "How and for how long the situation will develop in this case, while it can not be said, bankruptcy is a long process that can drag on for several years," the expert concluded.

The head of the criminal practice of the law firm BMS Law Firm Timur Hutov believes that it is possible to collect the required amount, even if the person is in jail. "However, this should be done within the framework of the criminal case, since it was with a high degree of probability that his property was arrested by the investigator to ensure compensation for the damage. In this case, victims or persons who were harmed by the actions of the accused, it is necessary to declare a civil action and obtain a decision on recognition as a civil plaintiff, then the issue of satisfying their demands will be resolved when passing judgment, "explained Mr. Khutov. He believes that the issue, taking into account the terms of the investigation and the trial, can be dragged on for two or three years, and "there is no guarantee that the claims will be fully satisfied."